These terms and conditions will govern any commercial relationship between you and us. We are Perthshire Websites and we design, build, host and support single page and small brochure websites as well as larger brochure and ecommerce sites.
We are based in Perthshire and can be contacted by email at email@example.com.
You become our client when you use our services to provide you, your organisation or your business with a web presence. Once we’ve agreed to do this we will issue our setup fee and hosting invoice. You are deemed to have accepted these terms and conditions in full when you pay our setup fee and/or the monthly fee and ask us, therefore, to design, build, host or support a web presence on your behalf.
We will always do our best to fulfil your needs and meet your expectations, but it’s important to be clear about what we’ll need you to do and what we can and can’t do as part of the process. This way we’ll both know what’s what, who should do what and when, and what will happen if something goes wrong.
So, in short, you ask us to design, build, host or support a website for you and we agree to do it based on the information we’ve exchanged with you by emailed correspondence or by any other way we might have communicated with you. These discussions, together with the package that you have agreed with us, based on our website offer from time to time will inform the site we build. The package you have chosen will be clearly stated within the invoice that we raise so we both know what we are doing.
As a starting point
You agree that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. You agree that you’ll give us the assets and information we tell you we need to complete the project and that you’ll do this when we ask and provide it in the formats we ask for. You also agree that you’ll review our work, provide feedback and approval in a timely manner and that you’ll stick to any deadlines we’ve agreed as, very often, we can’t work on without input from you.
We agree and state that there is no set contract period and that we will continue to host and support your web presence as long as you pay us to do so and other terms of this agreement are maintained. We confirm that we have the experience and ability to do everything we’ve agreed with you and we’ll do it all, to the best of our ability, in a professional and timely manner. We also agree to maintain your confidentiality where you have told us this is important and use our best endeavours to protect your information as if it is our own.
You’ll have given us a good idea of what you want to achieve with your website and a strong indication of the look and feel, probably based on one of our templates or maybe a drawing that you have let us have.
You will need to let us have your copy and images for the site. In the case of any images that we will supply you’ll need to let us have the image reference number from the Adobe site that we recommend.
You’ll have plenty of opportunities to review our work and provide feedback. We’ll work with you to give you the website you want and we bring our very best endeavours to achieve this. We do however need to introduce the concept of ‘reasonable’. Our hope is to enable you to have a fantastic website that properly reflects how you want to be represented but without you having to build the site yourself. We think we can build, based on your ideas, a website that you’ll love, but we don’t have the resources to be able to build multiple versions of the site as your ideas develop. In our experience websites are never finished, which is one reason that we are keen to be involved in the longer term, to help you keep it all up to date and relevant. However, at some point, we need to declare the website launched and that point will conclude our build.
We will include all your images and text and format them within the website so that you will launch with a completed site that is ready to go.
Your website will be responsive, meaning not that it will look identical in different browsers or on different devices but that it will look its best depending upon the capabilities of the browser or device. In a mobile setting some features may not work well and so might be removed from that device type. We’d let you know if this was the case. Responsive support covers all modern browsers and devices but not necessarily older browsers or devices which occasionally don’t cope well with current technology.
Search Engine Optimisation (SEO)
The pages that we develop are accessible to search engines and, depending on how unique your business name is and how many people are in a similar business you should, in time, appear in search results. On top of this we offer an additional basic SEO service (see our price list) which will provide some control of how search engines present your website to the world and how well represented you will be in searches. If you subscribe to our Basic SEO service you should understand its limitations. Full SEO, particularly for a website in a popular business segment can take several days of work every month to achieve good results. What Basic SEO will do is make sure that the search engines are aware of you and control the information they present on each of your site’s pages, thus significantly improving click through to your site.
Intellectual Property Rights
This has a very wide and specific meaning (we had to look it up) but what concerns us here is that you guarantee that all elements of copy, images or other artwork you provide are either owned by you, or that you’ve permission to use them. So when you provide copy, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
Beginnings, Middles and Ends
We will begin work on your site as soon as we have all the information we need from you and our first invoice has been paid. The invoice will be for any setup fee and the first month’s hosting. This should be paid by BACS and our bank details appear on the invoice. Thereafter the monthly fee is due on the same day each month and should be paid by standing order.
We will maintain the site and make sure that all software updates are done in a timely fashion and that the site is regularly backed up. We will ensure that basic security and spam protection is in place. Advanced security and spam protection is available at extra cost if your site is attracting particularly unhelpful attention. Whilst it is unlikely, we would let you know if this looks necessary.
If you would like help to develop a new part of the site we have a price list of additional services and we are happy to help wherever we can. If you prefer to make changes yourself that’s OK too. Although if you are not sure how to go about this please check with us before you make a start. It may be easier for us to point you in the right direction rather than have to charge you for a fix.
How long will you stay with us? Well the contract provides no set period for you to worry about. In its simplest form if you stop paying the monthly fee your website is automatically taken off line 10 days after the due date. We reserve the right to charge an admin fee equivalent to the monthly hosting fee for putting the site back up once it has been removed.
Other reasons that we may not be able to continue hosting your site could include any breach of the acceptable use policy of our hosting company or any breach of common decency in terms of content. All our websites run on shared servers which are designed to handle typical web traffic. Sudden significantly higher usage may cause issues for all and would need addressing. If you are concerned that you might fall into any of these categories please ask for further information before proceeding as we may not be the right fit for your project. An area that can cause issues is email. The email addresses that we provide are perfect for business but they are not good for marketing, even if you are sending relatively low numbers. Multiple email broadcasts can cause issues not just for your site but for many sites. So if you wish to use email for marketing please link to a service like Mailchimp. You will get much better results as well. We can set this up for you if you wish.
Please note that whilst websites are built using proprietary software based on WordPress many of the features are not transferrable and so it is, in effect, not possible to move the website itself. It is, of course, easy to download copy and images and you are free to do this as long as your hosting is current.
Being a bit proud
We may like to include your web site in our portfolio as an example of a site that we have helped build and maintain. Please let us know by email if you would prefer us not to do this. Please make sure that we have acknowledged your mail.
Just a Bit More Including Liability
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
We’ll perform all our duties with skill and our best endeavours to have everything run beautifully. That said, we can’t guarantee that our work will be error-free or that hosting will always be available or that backups will always work. Things happen that are simply outside our control and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Although the language is simple, the intentions are serious and this contract is a legal document under the exclusive jurisdiction of Scottish courts.